H1B 221G returned to USCIS. Got MS admission confused


alexd

Recommended Posts

My situation is that my H1B visa stamping was give 221g prohibits the issuance of visa for anyone who has failed to present the documents required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationships. The case is suspended and sent to USCIS for further review.

 

My questions:

 

1) I also have an admission for ms at an university. what is the process to proceed with the f1 with a pending 221g with h1b. Do i need to withdraw the existing h1b pending application

 

2) Can i transfer the existing h1b (221g) to another employer with out getting a successful visa stamp ?

 

3) What is the process to withdraw the h1b pending application ?

 

4) Is there chance for a successful f1 stamping with a pending h1b (221g)

 

Any immigration experts out in the forum please share your feedback. Its very much appreciated.

 

Thanks

 

Link to comment

Hi 

I came across same situation, i went to Vancouver for H1 stamping in Dec 2013 at that time VO issued me 221G white and explained me the process how they will handle my case. he told me My documents will be sent to USCIS and they will make final decision. I went to INDIA and wait for couple of Months then i applied for Masters in XXX university and the university Issued I20. I am from went to Chennai instead of Hyd becoz my first stamping of F1 is from Hyd.(when i am the process of getting F1 i did not took any action on my H1 that means withdraw or what ever just i forgot about that and it is Admin processing).

Here is my nd F1 interview details

mrng 7.30 interview time 

Me : Good morning mam. How are you?

Vo: gud how abt you

me : i am also gud thanks for asking

me: handovered I20,Passport thats all they she need from me

Vo: So u are going to XXXX uni 

me: Yes mam

Vo: which course

me: MBA

Vo: whats your Highest qualification

me: XXXXXXXXXXX

vo: from india OR USA

me: USA from XXXXXXX uni in XXXXXXXXXXX place

vo: why u want to study MBA now

me: i want to establish a business in this competitive world

vo: gud what business

me: IT consulting

Vo: Why u did MS computers instead of MBA at that time

me: now a days all the payments and information was online so i need good knowledge in computers so i did computers, now i need administrative skills so i am doing MBA

vo: she was typinh something and after 30 seconds approx she asked me a question

You went to CANADA, why? did you move to CANADA

me: No mam, i went for H1 stamping but officer told me they need some time to process my application so it went to admin processing.

Vo: okay

me; Yes mam

Vo; Give me a min i will be back

me: She took my passport and went into a room, i was very anxious and waiting off course i cant do anything more than that

vo: came after 2 mins and she told sorry for the wait

me: Thats fine mam

vo; Okay your Visa is APPROVED and gud luck for your future 

me: thankyou very much mam

vo: okay bye have a nice day

me : you too bye

 

Then after 2 days i collected myy passport and i got stamping for 5 years

 

i came back to USA on F1 there is no Problem even at Port of Entry.everything was smooth and Happy

Few days back I checked status about my H1 on USCIS website with my EAC number then it shows currently my case was being reviewed by USCIS, so as per my knowledge if USCIS approves my H1 then i can Applu for Change of status and change on to H1

 

then coming to your Questions

 

1. No you don't need to withdraw

2. As per my know if your H1 is under 221g its nothing but useless so when there is no status how can you transfer, you can apply a fresh H1 with different company that but anyways consult a lawyer on this

3.contact your petitioner and lawyer on this

4. Chances cannot determine it all matters about how you convince Visa officer so prepare think and prepare well for F1 interview 

 

Gud Luck..............

Link to comment

Archived

This topic is now archived and is closed to further replies.